Advertisement Doesn't Specify Qualification Or Training From Any Particular Board: Rajasthan HC Directs Authorities To Consider Appointment Of Individual As Health Worker
The Rajasthan High Court directed the Medical & Health Services Department of the Government of Rajasthan to consider the appointment of the individual as a health worker while noting that the advertisement does not specify qualification and professional training any particular board.
The Court ruled thus after noting that the Department of Medical, Health, and Family Welfare, Government of Rajasthan, had rejected the petitioner's candidature.
The bench of Justice Ganesh Ram Meena observed, “The ground of rejection of the candidature of the petitioner seems to be wholly illegal and arbitrary for the reason that nowhere the terms and conditions of the advertisement speaks about the qualification and professional training from any particular Board.”
In the present Writ Petition, the Medical & Health Services Department of the Government of Rajasthan issued an advertisement inviting applications from eligible candidates for the recruitment of Health Worker (Female). Clause 5 of the advertisement specified that candidates must have passed the 10th Standard, completed the Auxiliary Nurse Midwifery Training/Health Worker Female course, and be registered with the Rajasthan Nursing Council as a B Grade Nurse.
The Court took note of the documents presented by the Petitioner and said that from the documentary evidence submitted by the Petitioner, it is very much clear that the Petitioner is eligible for recruitment to the post of Health Worker (Female) as per the terms and conditions given in Clause 5 of the said advertisement.
Accordingly, the Court allowed the Writ Petition and set aside the order as well as declared the Petitioner as eligible.
The Court directed the respondents to consider the case of the Petitioner for appointment to the post of Health Worker (Female) on the basis of her merit as per the criteria of her selection and appointment with all consequential benefits including seniority etc. with effect from the date when the person lower in merit to her has been allowed appointment.
Cause Title: Sumitra Kumari v. The Department Of Medical, Health And Family Welfare, Government Of Rajasthan (Neutral Citation: 2024:RJ-JP:19526)
